侦查构造的基本内涵及对我国侦查构造的析评

侦查构造是指侦查阶段各程序主体间的法律地位、相互关系以及侦查程序在刑事诉讼程序中的地位和侦查程序与其它程序的关系。侦查构造中存在以控诉和辩护为核心的两类要素。我国的侦查构造在内部构造上表现为侦控双方对立但不对抗;控辩地位不平等;权力集中于侦查机关。外部构造上表现为以侦查为中心和侦诉上的顺承关系。对我国侦查构造的基本评价是:在侦查目的上,以认定犯罪嫌疑人有罪为主要目的;在类型上属纠问式的侦查构造;侦查阶段对公民权利的尊重很不充分。

Basic Connotation and Analysis of Investigation Structure in China

Investigation Structure is the law status and interrelationship of the subjects in each procedure of investigationstage,the status of investigation procedure in criminal procedure and its relation to other procedures.There exist two elements in In-vestigation Structure as cores:accusation and defence.The Investigation Structure in our country shows in its inner structure that theinvestigator and defender are opposed to but not against each other;the accuser and the defender are not equal in status and thepower is centered on investigation bodies.Its outer structure shows that investigation is focused and the relationship between inves-tigation and criminal procedure is in good order.Basic evaluation on Investigation Structure in our country is:it takes finding thecriminal guilty as main aim;questioning as its type and it shows inadequate respect for civil rights in investigation stage.